I’m pretty sure he can’t use Executive Privilege because he was not president at the time of birth. The way I read the Executive Order, there is no mention that if the Court orders the documents he doesn’t have to comply. They can fle appeals if they want. The appeals can be denied or thrown out. Please don’t rain on my parade. :-)
If he can’t/won’t produce the evidence to prove he’s legit, wouldn’t impeachment be the next step?
Executive priveledge will not work as the basic question is whether he is qualified to be president. If your not qualified, you have no executive priveledge.
He would not be involved in discovery. The judge would order all seals removed for discovery on all of his documentation.
The only thing Obama can do, is voluntarily bring forth his documentation to the court.
So in that regard, IMO he would not show up. But rest assured, IF the judge orders it, the documents WILL be made available.
I suppose he will try but EOs only cover the Executive Branch. And I suppose Obama will do his best to enlarge the jurisdiction with his obstruction of justice EO, but will fail in the end.